Massachusetts Legal Services HomeMassachusetts Legal Services HomeMassachusetts Legal Services HomeMassachusetts Legal Services HomeMassachusetts Legal Services HomeMassachusetts Legal Services Home
 

Medical Improvement Standard

Resources in this Category

ALL Court Decisions

  Title Sort By Title, Descending Date
Westlaw Citation Avery V. Sec'y HHS

Generally, a remand order is an interlocutory order that does not divest a court of jurisdiction over a case. Absent a clear statement to the contrary, legislation should not ordinarily be interpreted to oust a federal court's equitable power, or its jurisdiction over a pending case. Social Security Disability Benefits Reform Act of 1984 requires use of the "medical improvement" standard in continuing disability reviews. Where statute provides that "[t]he Secretary shall notify [an individual class member] by certified mail that he may request a review of" his disqualification, district court has authority to establish the content of the notice. Orders requiring SSA to issue specific notices and to follow certain procedures for determining class membership were like an injunction and were appealable on an interlocutory basis.

1/1/1985
Westlaw Citation Rice V. Chater

Claimant's failure to seek treatment is not evidence of medical improvement where claimant didn't seek treatment for 2.5 years prior to initial disability finding. Whether claimant continues to meet a listing is not dispositive in determining medical improvement. ALJ erred in finding medical improving based on claimant no longer meeting listing. In order to show medical improvement, there must be a decrease in the medical severity of the impairment based on changes in the symptoms, signs and laboratory findings associated with the impairment. Claimant's failure to seek treatment is not evidence of medical improvement where claimant didn't seek treatment for 2.5 years prior to initial disability finding.

1/1/1996


RSS 1.0 feed of this category 

Disclaimer       ©Copyright 2003

Page took 0.034927 seconds to generate